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HomeMy WebLinkAbout1949-05-23202 SELECTMEN'S MEETING May 23, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, May 23, 1949. There were present: Chariman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. At 7:30 P. M. Mr. Morris L. Ginzler, 61 Park Drive, Boston, met with the Board relative to his offer of $50 for lots 492 and 493 Balfour Street. The Chairman ex- plained that the Board had invited Mr. Ginzler to meet with them because a mistake was make When he purchased lots 486-491 on Balfour Street. The Chairman explained that the Board should have known, but didn't, that there is a water main in the street and, therefore, the land was sold cheaper than it should have been. He stated that he doubted that the Board of Selectmen would want to sell anymore land at that price level, and wondered if Mr. Ginzler would like to make an offer that would be more commonsurate. He said the. land Mr. Ginzler bought previously, with water in the street, was far too cheap andshould not have been sold at that price, He said he felt if Mr. Ginzler knew the circum- stances he might make a more substantial offer. Mr. Ginzler stated that he felt he had no alternat- ive' because the land he now owns is almost worthless to him. He said he did not realize there was so much ledge there. The Chairman explained that Mr. Ginzler had only paid $125 for 21,760 feet of land which is cheap even considering the ledge, because of the fact that there is water in the street. He asked if Mr. Ginzler would be willing to make an offer to offset the mistake of the first purchase. Mr. Ginzler asked that the Board thought would be a fair offer. The Chairman explained that the total valuation is $500.' He asked if Mr. Ginzler would offer $200 for lots 492' and 493 which will mean that he has paid $425 for land assessed at $500. He stated than in the event that Mr. Ginzler was willing to make this offer the Board could only take it under consideration and if they decide in favor of the offer it will have to be advertised. Mr. Hoyt informed Mr. Ginzler that he would be ac- quiring the land at one cent per foot. Mr. Ginzler agreed to offer $200 and revised his original offer of $50. The Chairman asked if there were any questions and there were none. Mr. Ginzler retiredn t. 7:50 203 Mr. Gay moved a proposal to sell these lots be advertised in the Lexington Minute -Man and that further consideration be given the offer at the next meeting of the Board. Mr. Driscoll seconded the motion and it was so voted. At 8:30 P. M. Mr. Przyjemski, 84 Cliffe Avenue, met with the Board. She complained about a building on Zoar Avenue which was apparently meant to be used as a summer home, but is now being wired for permanent living. She claimed that they have no permit to do nay work on the house and she is of the opinion that Complaint the house is a fire hazard. Building Violation The Chairman asked if her only complaint in the matter is that it is a fire hazard and possibly pre- vents the Fire Department from reaching her house. Mrs. Przyjemski replied that she is afraid of an explos- ion. She said that every Sunday there is hammering and construction going on which is a nuisance and an ann- oyance to the neighborhood. The Chairman explained that the Building Inspector had an appointment with the Board this evening at which time this matter will be discussed. He suggested that if Mrs. Przyjemski does not hear from the Board within two weeks to contact the office again. She retired at 8:35 P. M., and Mr. Lindstrom met with the Board. The Chairman explained that Mrs. Przyjemski had been in and asked Mr. Lindstrom if the building to which she objects is a house, a made -over barn, or anything for which a building permit has been issued. Mr. Lindstrom replied that it is a house and explained that in 1945 or 1946 a complaint was registered about someone keeping pigs. Mr. Prxyjemski came into the office and he objected to the complaint. At that time he told Mr. Lindstrom that someone had built a house in the middle of the street. Mr. Lindstrom went down and saw a house which is on a paper street and checked with the Engineer. It was determined that a corner of the house is on the street. The case went to court and Daniel J. O'Connell represented the owner of the house and Mr. Wrightington represented the town. At that time it was agreed upon between the two attorneys that the structure would be demolished. Plans were presented for a new house and Mr. Cann, who was then Building; Inspector, issued a permit for the house but nothing has ever been done. The Chairman asked if the Court agreed that the house should be demolished. Mr. Lindstrom replied in the affirmative and said that a demolition permit had been issued. A permit was issued for a new building but the old one was never torn down and the new one never erected. The Chairman asked if the Court order was to demolish the house. Mr. Lindstrom replied in the negative. He explained that the matter was dropped there until a couple of months ago when the agitation started all over again. 204 Building Permit Ball Field Kineen's Pond The Chairman asked if from Mr. Lindstrom's point of view the present building is there illegally and Mr. Lindstrom replied that if Zpar Avenue is a street he would say the building is illegally. located. He agreed to look up the Scurto case and have more detailed infor- mation for the Board. He stated that about a month ago Mr. Lynch told him that Mr. Lyons approached him about the sale of two lots of land on Payson Road which is off Bridge Street. The individual purchased the property to raise chinchillas. Last week an architect came into M. Lindstrom's office showing the sketch of buildings to be erected on two 501 lots. He explained that this is an R1 district, but the Supreme Court has handed down the decision that a farm does not have to be agricultural. He stated that the individual that had purchased the property can call these two lots a farm. However, there is nothing in the present Zoning Bylaws defining a farm. He said he would have to issue aper - mit and there appears to be no way to prevent the man from raising chinchillas. The Chairman asked if the Town Counsel had advised the Building Inspector that he would have to issue a permit. Mr. Lindstrom replied that the Town Counsel told him he didn't see how he. could do anything else. The Chairman stated that if the Town Counsel has so advised the Building Inspector the Board of Selectmen cannot give him any further ad- vice. He agreed to contact the Town Counsel to discuss the matter informally. Mr. Lindstrom retired at 9:15 P. M. Mr. DeFoe, Messrs. Royale and Ferguson of Simonds Road and Burlington Street, met with the Board to discuss further the possibility of making a ball field at Kineen Pond. Mr. DeFoe said that he and these two gentlemen had looked over the site on Saturday and as he understands it they would like to have the knoll knocked over and the ground levelled to a certain grade. The idea was to salvage the loam on top and have the town loam and seed it later on. He stated that it may cost about $200 to level the field and salvage the loam. Mr. DeFoe said that it would cost a minimum of $1,500 to loam it and grow grass. He said that the outside price to do the job right would be $2,000 and he does not believe the town will salvage very much loam. He explained that there are one or two places where he saw signs of ledge. The Chairman asked, aside from the cost, how much time would the equipment have to put in on the job. Mr. DeFoe replied that he thought it would require the bull- dozer for three days and probably a half day for the grader. The Chairman asked if this were assuming that he would encounter no ledge and he replied in the affirmative. The Chairman asked how much of the present area of the pond would be filled in. Mr. DeFoe replied that it looked to him as if there will not be much to fill in except an inlet at the far corner. The Chairman said that pos- sibly it would not be too difficult to obtain $200 but when the amount of $1,500 is mentioned the Appropriation Committee would then have to be consulted. hmi 1 205 The Chairman said that last week when Mr. Ferguson met with the Board he did not think they would expect the area to be grassed now, but would expect it in the fall. Mr. Nickerson suggested that time residents in the area work out some arrangement whereby they could secure some of the r'iske School loam and spread it themselves. The Chairman said at the present time the School Committee does not know where they stand on the loam. He explained that the Library group and he presumed others, are after it. He stated that if the Board could tell Mr. Garrity to level it off without any further obligations, that would be one thing. However, this Board has no right to let the town in for a 02,000 item that has never been discussed with either the Appropriation Committee or the Town Meeting Members. He said that if the Board agreed to level it with no commitments about loaming or seeding, that would be one thing. Then Mr. Ferguson or Mr. Royale could come in next year and discuss it with the Appropriation Committee or the Recreation Committee, but have the understanding that there was no obligation on the part of this Board to do anytIOn;- more than level it off. The Chairman asked if they would be satisfied if the Board decided just to level it this year. Mr. Ferguson said that they would probably come back later on for loaming and seeding. Mr. Royale stated that if it is levelled off it will serve the purpose for this year. Messrs. Ferguson and Royale retired at 9:35 P. M. Mr. DeFoe explained that the Park Department has no money available for this Kineen Pond project and he was very much opposed to have any funds provided for from the Highway Maintenance Account. Mr. Emery agreed to discuss this with Mr. Garrity Water to determine whether or not he might have funds availabe. Meters Mr. DeFoe requested permission to purchase a supply of water meters and submitted bids received from Neptune Meter Company and the Pittsburgh Meter Company.. He explained to the Board that the Neptune Meter Company has been the low bidder for the past two years and the product has given the town less trouble than any other meter that has been used. He felt very strongly that the town should continue with the same make. Upon motion of Mr. Nickerson, seconded by Mr.Gay, it was voted to authorize Mr. DeFoe to purchase 150 5/8 water meters, with connections at 02,677.50 15 3/4 water meters, with connections at 274.05 from the Neptune. Meter Company. Mr. DeFoe requested permission to renew the 10% Fire Insurance Blanket Policy which was placed last year. Insur- Mr. Gay moved that the request be granted, and the Sup- ance erintendent be authorized to continue coverage. Mr. Nickerson seconded the motion and it was so voted. 206 Sewer Colony Road Sewer and water in Manley Court Water in North Street - Complaint Mr. DeFoe asked whether or not the Board felt that he should advise the property owners on Colony Road that the town intends to install the sewer in- asmuch as the *reet is going to be constructed. The Chairman said that from the Board's position it would look much better to have the people petition for the sewer; however, it was the opinion of the Board that Mr. DeFoe should advise the property owners that is the intention of the town to install the sewer. Mr. DeFoe presented a sketch showing the proposed extensions of the sewer lateral and water main in Manley Court as the result of the conference between the Board of Selectmen and Mr.. Charles Durkin. The Chairman asked how much this proposed work would cost wand Mr. DeFoe replied that it would be approximately $3030. The Chairman asked if he had sufficient funds and he said he thought inasmuch as the Marrett Road petition apparently is not going to be sent in he would have enough funds. Mr. Driscoll moved that the Supt. of Public Works be authorized to install sewer lateral and water main in Manley Court to service the house now under construction for Mr. Charles Durkin. Mr. Nickerson seconded the motion and it was so voted. Mr. DeFoe informed the Board that Mr. Williams who purchased a parcel of land from Miss Edith Willard on North Street wants water service from Lexington. He said that the house is going to be located in Burlington. If Burlington has no objections the town's problem is then that if Mr. Williams does not pay his bill no lien can be put on the property. However, he felt that the town should supply the service because of the fact that Miss Willard has been assessed. He explained that the Town Counsel recommends that Lexington supply the water if the Town of Burlington submits a statement in writing advising the Town of Lexington that they have no objections. Mr. Nickerson moved that the Supt. of Public Works be authorized to install a water service in North Street providing said Mr. Williams is the same individual who met with the.Board with Miss Willard and Mr. Bidwell, that the t own of Burlington states in writing there are no objections and the Town Counsel confirms in writing his verbal approval. Mr. Driscoll seconded the motion and it was so voted. The Chairman read a letter from Francis L. Barry, 36 Paul Revere Road, complaining about the condition of the road as the result of the installation of a water main. Mr. DeFoe explained that Mr. Barry should have waited until the work was completed. He has seen him since he wrote this letter and is satisfied with the con- dition of the street as it is now. 1 A petition was received signed by Parker E. Hallett and Joseph J. Ferry for the installation of a water main in Grandview Avenue. Mr. DeFoe presented a sketch and informed the Board that it will require 240 feet of 8" pipe to service the house now being constructed by Mr. Hallett. He informed the Board that he has a surplus of 8" pipe and the installation could be made for appro- ximately $500. Mr. DeFoe was instructed to advise the petitioners that their request will have to take its turn. Mr. DeFoe retired at 10:15 P. M. The Chairman read a letter from John Baskin stating that he would like to have all betterments on any pro- perty owned by him withheld until he disposes of the same. He stated that he will agree to pay all interest on the betterments. The Chairmw informed the Board that is had discussed this with the Town Counsel who advised him any betterments can be put on a deferred basis if the land has not been built upon. The Chair- man asked the Town Counsel if he had any opinion on this as to policy other than the legal aspect but he had none. The request was held over for one week. The Chairman read a letter from Mr. Baskin request- ing an abatement of the total amount of betterment assessments levied against him for the construction of Grant Street. A sworn statement was received from Barbara Bent- zen, 27 Farmcrest Avenue, requesting the restraint of a dog owned by Joannette Fountain, 23 Farmcrest Avenue. The Chairman read a report from the Dog Officer who stated that he believed the dog should be ordered re- strained. The Clerk was instructed to advise Mrs. Fountain that unless she wishes to appeal the Board will, at the next meeting, issue an order to restrain the dog permanently. The Chairman read a letter from the Arlington Gas Company requesting favorable consideration of the propos- ed main extension on School Street. The plans showed the 4" main was approved by the Town Engineer. Mr. Gay moved that the request be granted. Mr. Nickerson seconded the motion and it was so voted. The Chairman read a letter from the Lexington Taxpayer's Association informing the Board that Joseph B. Ely will be guest speaker on May 31st at Cary Hall at 8:00 P. M. The Association has invited Mr. Ely to dinner at the Russell House at 6:15 P. M. and would like to have the Board of Selectmen present. The Clerk was instructed to acknowledge the letter and inform them that there would be four members in atten- dance. A letter was received lative to the condition of of Cary Memorial Building. acknowledge the letter and from Lexington V. F. W. re - the Honor Roll, in front The Chairman agreed to advise the organization that 207 Water Extension Request Def erring Better- ments Baskin Betterment Deferments Dog Complaint Gas Extension Taxpayer's AssIn. 208 the present honor roll will be put in good condition in the very near future. Honor He also said he would advise them a War Memorial Roll Committee has been appointed by the Moderator and the Selectmen wonder if the question of a permanent honor roll has ever been definitely considered. A bulletin was received from the Massachusetts Mass. Sel. Selectmen's Association with reference to Bills H-437 Assn. and H-969 to make school appropriations and expendi- tures subject to the same laws that apply to the appropriations and expenditures of other municipal departments. It wes decided to request the School Department and the Town Accountant for an expression of opinion. The Chairman read a letter from Howard A. Pat- terson, of the Appropriation Committee, requesting information relative to the Town Counsel's retaining Town fee, and also the duties of the Town Counsel. It Counsel was decided to advise Mr. Patterson that the duties of the Town Counsel are outlined in the Town Bylaws. As far as the fees are concerned the present system of paying the town counsel was inaugurated before the present Board of Selectmen were in office and before the present town counsel was appointed. The Chairman agreed to contact Mr. Lynch for further information. With reference to Mr. Baskin's request that the Board reimburse him for having his house at 49 East Damage Street moved, an the result of the County Commissioners Claim by taking, the Chairman said he had discussed this with Baskin the Town Counsel. Mr. Lynch prefers to wait until the damage suits on East Street have all been settled. Boy Scout Assessment Use of hall A letter was received from the Town Counsel re- garding the betterment assessment on the property on Grant Street owned by the Sachen Council Boy Scouts. Mr. Lynch explained that real estate owned and occupied by a charitable institution is exempt from taxation. This exemption has been decided by the Supremo Judicial Court to extend only to taxes imposed for general public purposes and not to include specific assessments for particular benefits. L:r. Lynch further stated that a tax could not be imposed upon the Council for the general purpose of operating the town government but under the decisions the corporation is not exempt from a betterment assessment such as the one in question. Even though the corporation isnot exempt it still has a right to petition for an abatement. It was decided to consider this matter Wednesday night, May 25th at 5 o'clock. An applciation was received from the Lexington Allied Veteran's Council for permission to use Cary Memorial Hall for memorial exercises on May 30th. Mr. Driscoll moved the use be granted free of charge. Mr. Hoyt seconded the motion and it was so voted. erj lar 1 1 209 An application was received from the Battle Green Chapter DeMolay for permission to conduct the install- ation of officers in Cary Hall on June 4th. There will .Use of be no admission charge and it is open to the public. hall Mr. Hoyt moved the use of the hall be granted free of charge. Mr. Driscoll seconded the motion and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses: Licenses William.Viano Countryside Associates 1794 Mass. Avenue Sunday Movies Lowell Street Sunday Golf The Chairman read a letter from the Lexington Planning Board requesting an appointment with the Board Parking of Selectmen to discuss the possible development of a Area parking area on the vacant land fronting on Clarke Street, now owned by the Town and adjoining the, Cary Memorial Library. The Planning Board would also like to discuss the possible development of a way for access to the land reserved for parking in the rear of the Salter Block. The Clerk was instructed to acknowledge the communications and invite the Planning Board to meet with the Selectmen on June first. The Chgixmman read another letter from the Planning Board stating that the lay -out of parking meters dated January 26, 1949, has been approved with one exception. The Planning Board suggests the installation of posts Parking only in front of the Post Office and a test check be Meters made for a reasonable period, of time to determine whether the need of meters is demonstrated, by experience, at this location. The Planning Boal.d suggested temporary signs to be erected restricting parking to fifteen minute in- tervals at the Post Office. The Chairman reminded the Board that it has been the policy in the past to close the town offices on Saturday morning when a holiday falls on Sunday or Town Monday. Upon motion of Mr. Gay, seconded by W. Nick- Office erson, it was voted to close the town office building Building on the Saturday preceding May 30th, July 4th and Labor Day. 1ectm n